END USER LICENSE AGREEMENT
PRODUCT REFERENCE GUIDE
xv
logic shall have the right, at its absolute discretion, to initiate proceedings in the courts
of any other state, country, or territory in which End User resides, or in which any of End
User's assets are located. In the event an action is brought to enforce the terms and
conditions of this Agreement, the prevailing party shall be entitled to reasonable attor
-
neys’ fees, both at trial and on appeal.
For Asia- Pacific Countries:
The validity, interpretation and construction of the Agreemen
t shall be governed by and
construed in accordance with Laws of the Republic of Singapore. Parties expressly dis-
claim the application of the United Nations Convention for AV500/AV900 International
Sale of Goods.
An
y dispute arising out of or in connection with this contract, including any question
reg
arding its existence, validity or termination, shall be referred to and finally resolved
by arbitration administered by the Singapore International Arbitration Centre (“SIAC”)
in accordance with the Arbitration Rules of the Singapore International Arbitration Cen-
tre ("SIAC Rules") for the time being in force, which rules are deemed to be incorpo-
rated by reference in this clause. The seat of the arbitration shall be Singapore.
The number of arbitrators will be three, with each side to the dispute being entitled to
appoint
one arbitrator. The two arbitrators appointed by the parties will appoint a third
arbitrator who will act as chairman of the proceedings. Vacancies in the post of chair-
man will be filled by the president of the SIAC. Other vacancies will be filled by the
respe
ctive nominating party. Proceedings will continue from the stage they were at
when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an
arbitrator within 30 days of the date the other party appoints its, the first appointed
arbitrator will be the sole arbitrator, provided that the arbitrator was validly and prop-
erly appointed. All proceedings will be conducted, including all documents presented in
such proceedings, in the
English language. The English language version of these terms
and conditions prevails over any other language version.
12.4.
Attorneys’ Fees. In the event an action is brought to enforce the terms and condi-
tions of this Agreement, the prevailing party shall be entitled t
o reasonable attorneys'
fees, both at trial and on appeal.
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